White v. Niagara Mohawk Power Corp.

197 A.D.2d 906, 602 N.Y.S.2d 263, 1993 N.Y. App. Div. LEXIS 9361

Opinion

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: The court erred in denying defendant’s motion for summary judgment. Plaintiff was injured when, after swimming with friends at about 3:00 in the morning, she came upon an eight-foot chain link fence while attempting to return to her car. That fence was part of defendant’s Beardslee hydroelectric station. She climbed the fence and walked along a cement path until she came to a second fence, which was 10 feet high with barbed wire across the top. As she was climbing it, she grabbed a high voltage lead line to help pull herself up, whereupon she received an electric shock and fell to the ground.

Defendant met its burden of establishing as a matter of law that it maintained its facility with reasonable care by installing two fences enclosing the lead line at issue (see, Miner v Long Is. Light. Co., 40 NY2d 372) and plaintiff failed to raise a triable issue of fact in response thereto (see, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065). (Appeal from Order of Supreme Court, Herkimer County, Tenney, J.—Summary Judgment.) Present—Callahan, J. P., Pine, Lawton, Boomer and Davis, JJ.